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HomeMy WebLinkAboutMinutes 06-22-05 PLANNING & ZONING BOARD MEETING MINUTES JUNE 22, 2005 A Regular Meeting of the Planning & Zoning Board was held on June 22, 2005, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Leo Nicholas Vice Chairperson John Fredrickson Donald Dunn 1st Alternate MEMBERS ABSENT Lamar Russell Alice Filteau Shawn Schaffner 2nd Alternate OTHERS PRESENT Susan Chapman Board Secretary Chris Keller Assistant City Planner Anthony Garganese City Attorney Robert Hoog Mayor Pro Tem Bennett Boucher City Manager Todd Morley Building Official NEW BUSINESS: 1. Approval of Meeting Minutes: May 25, 2005. Motion by Leo Nicholas, seconded by John Fredrickson to approve the meeting minutes of May 25, 2005. Vote on the motion carried unanimously. Chairperson McNeely explained the rules of conduct for the meeting. 2. Recommendation to City Council Re: Amending Ordinance No. 06-2005, Amending Chapter 110, Zoning, Clarifying the Intent of the R-1, R-2, and R-3 Residential Zoning Districts, Prohibiting Transient Commercial Uses Such as Bed and Breakfasts, Hostels, Hotels, Inns, Lodgings, Motels, or Resorts in Residential Dwelling Units for Periods of Less Than Seven (7) Consecutive Calendar Days - Anthony Garganese, City Attorney. City Attorney, Anthony Garganese, summarized the draft ordinance. Citizens in the audience spoke both for and against the ordinance. The Board members reviewed Brevard County's newly adopted short-term rentals ordinance. Discussion followed. City Manager, Bennett Boucher, advised that the City Council wishes to maintain the integrity of residential neighborhoods. Discussion continued. Planning & Zoning Board Meeting Minutes June 22, 2005 Page 2 Motion by Donald Dunn, seconded by Leo Nicholas, to recommend the City Attorney change the draft ordinance, and bring the requested changes back to the Board for review, prior to making recommendation to the City Council, as follows: Prohibit vacation rentals in any single family dwelling unit, in any zoning district; prohibit rentals of less than 60 days (consistent with Brevard County); and add Brevard County's performance standards. The City Attorney advised that he would also look into amortization provisions. Vote on the motion carried unanimously. Chairperson McNeely called for a five-minute recess. The meeting reconvened at 9:20 p.m. 3. Recommendation to Board of Adjustment Re: Special Exception Request No. 05-03 to Allow a Communication Tower in the M-1 Zoning District, (350 Imperial Blvd.) - Section 15, Township 24 South, Range 37 East, Part of Gov't Lot 2 & All of Parcel 816.0 - Sheryl Denan, Representative for Verizon Wireless, Designated Agent. Assistant City Planner, Chris Keller, gave an overview of the request. He advised that City staff reviewed and verified that all required criteria was met, except for the setback. He also advised that the applicant requests relaxation on landscaping. Verizon Representative, Laura Bellflower, testified that the tower would be moved 5 ft. to the east to meet the required setback; the base of the tower and surrounding compound would have adequate screening, with a chain link fence and privacy slats; the monopole was the least intrusive of the other two designs available; it is made of steel, would not need to be painted, and that the FAA and other regulatory agencies do not require a light on the top; the proposed site meets the zoning requirements; the pole would be lower than the Rinker stacks; and should it fail, the tower is designed to fall within 50 ft. of its base. She entered a letter into the record to confirm that the tower is in compliance with FAA regulations; and a letter from the structural engineer confirming that the tower will meet or exceed construction standards. At 10:00 p.m., Chairperson McNeely polled the Board members to extend the meeting time until the completion of the agenda. All the Board members agreed. Sheryl Denan, Applicant, advised that Rinker Materials and another concrete company were not interested in Verizon's request to place a tower on their property. She clarified that Rinker was not interested due to heightened security at the Port since 9/11. Discussion followed regarding requiring the proposals and responses to be in writing. Ms. Denan responded that her sworn testimony should be sufficient to meet the request. City Attorney, Anthony Garganese, noted that a special exception can be rescinded due to false sworn testimony. Discussion followed regarding landscaping requirements. Chris Keller advised that the closest residential district was approximately 650 ft. away from this site. Brief discussion followed. Motion by Leo Nicholas, seconded by John Fredrickson, to recommend approval of Special Exception Request No. 05-03 to the Board of Adjustments with the condition that the project comply with all setback requirements; and landscaping be addressed by the Board of Adjustment. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes June 22, 2005 Page 3 4. Recommendation to City Council Re: Site Plan of Casa Bonita - James E. Morgan, All Shores Construction & Development, Inc., Designated Agent. Assistant City Planner, Chris Keller, advised that the site plan was for a four unit townhouse; the project was located in the C-1 zoning district, with a granted special exception for residential use; staff reviewed the site plan and recommended approval. The Board members reviewed the site plan and tree survey. Brief discussion followed. Motion by Donald Dunn, seconded by Bea McNeely, to recommend approval of the Casa Bonita Site Plan to the City Council. Vote on the motion carried unanimously. There being no further business for the Board to consider the meeting was adjourned at 10:19 p.m. ___________________________________ Bea McNeely, Chairperson _________________________________ Susan L. Chapman, Board Secretary